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WHEREAS, nothing in this AGREEMENT shall supersede the requirement to execute and record <br />the Declaration of Covenant Regarding Removal of Structure in a form approved by the COUNTY. <br />NOW, THEREFORE, for and in consideration of the mutual promises set forth herein and other <br />good and valuable consideration, the COUNTY and DEVELOPER agree as follows: <br />1. Off-site utilities: <br />The DEVELOPER shall construct the necessary Generator Improvements described below as <br />directed by the Indian River County Utilities Department. The COUNTY shall reimburse the <br />DEVELOPER for the Generator Improvements as outlined below: <br />A. The installation of Generator Improvements shall include a Tradewinds Series electric <br />generator set or equal to the minimum criteria identified in Section 17 of the I n d i a n <br />River County Utilities Department Water & Wastewater Utility Standards, <br />current edition. The rating of the standby generator shall be 56 kW, 70 kVA at 120/240 <br />volt, 0.8 power factor, 3 phase, 60 Hertz. The system shall be a package of new and <br />current equipment consisting of: a) an engine driven electric generating set to provide <br />standby power; b) an engine start/stop solid state system mounted on the generating <br />set; c) an automatic load transfer control to provide automatic starting and stopping of <br />the engine and switching the load; d) fuel storage tank with a maximum fuel capacity of <br />500 gallons; and e) mounted accessories as specified. Developer shall install the <br />Generator Improvements by April, 2020. <br />B. In addition to the Generator Improvements described in A above, the Generator <br />Improvements are referenced in Exhibit A. <br />C. Reimbursement: The COUNTY shall reimburse the DEVELOPER for funds advanced by <br />DEVELOPER to install the Generator Improvements. COUNTY shall reimburse DEVELOPER <br />fifty percent (50%) of the actual installed cost within 30 calendar days after completion of <br />all necessary testing per Indian River County Utilities Department Water & <br />Wastewater Utility Standards, current edition, and acceptance of the Generator <br />Improvements by the Director of the Indian River County Utilities <br />Department . The reimbursement amount by the COUNTY shall not exceed $75,000. <br />2. Amendment: <br />This AGREEMENT may be modified only by a written instrument executed by all parties to the <br />AGREEMENT. <br />3. Authority: <br />Each party hereto represents and warrants to the other that the execution of this AGREEMENT <br />and any other documents required or necessary to be executed pursuant to the provisions <br />hereof are valid, binding obligations and are enforceable in accordance with their terms. <br />4. Captions: <br />Captions, if included, in this AGREEMENT are included for convenience only and are not to be <br />considered in any construction or interpretation of this AGREEMENT or any of its provisions. <br />-Page 2 - <br />